Court : Rajasthan Jodhpur
..... it is, inter alia, indicated in the application that on account of matrimonial disputes, the petitioner initiated proceedings by way of filing fir at jodhpur, application under section 23 of protection of women from domestic violence act, 2005 and proceedings under section 125 cr.p.c. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... it is further indicted that already proceedings under section 498-a cr.p.c.and the proceedings initiated by her under the provisions of protection of women from domestic violence act, 2005 are also pending at bundi and, therefore, the proceedings initiated by the respondent for declaration of dissolution of marriage, be transferred to the family court, bundi. ..... ; the frequency of buses from bundi to jodhpur is low and, therefore, she is required to stay at jodhpur overnight. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... brought to our notice that the appellant-wife has filed an application u/sec.12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.2, kota (south) wherein after the parties being heard ..... vide judgment dated 12.10.2012 and arrived to a conclusion that the appellant-wife has failed to prove that it is a case of mental cruelty on the part of respondent-husband and observed that from the evidence of aw-1 monika @ mona, she failed to establish matrimonial cruelty being committed on her by the husband-respondent and still recorded that there is no possibility of resuming their matrimonial relations ..... there is an irretrievable break down of marriage but declined to grant decree of divorce as not contemplated u/sec.13 of the act and left it open to be examined by this court and in this context, we would like to observe that the apex court has emphasised the need for a shift in the matrimonial law from the search for guilt to an acceptance of the eventuality and fact of death of marriage. ..... violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act ..... , kota dated 29.05.2013 is quashed and set aside and the appellant-wife deserves indulgence for grant of decree of divorce u/sec.13 of the hindu marriage act and the marriage between the spouses solemnized on 16.05.2005 is hereby dissolved. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , the said proceedings are pending before the family court i, jodhpur and another proceedings under the protection of women from domestic violence act, 2005 are also pending before the jurisdictional criminal court at jodhpur. ..... 2 the present petition under section 6 readwith sections 7 and 13 of the hindu minority & guardianship act, 1956 and section 25 of the guardian & wards act, 1890 has been filed at udaipur by the respondent and the petitioner being a lady is required to travel to attend the hearing at udaipur alongwith the children which involves time as well as expenditure, which is difficult for her to .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 498(a).406, 120-b, 354, 323, 109, 312 ipc were initiated by the petitioner, application under section 125 cr.p.c.was filed by her before the family court, churu and another proceeding under provisions of the protection of women from domestic violence act, 2005 was initiated which are pending at sujangarh, however, subsequent thereto the respondent-husband has initiated proceedings for dissolution of marriage by filing application before the family court, bikaner. ..... petitioner reiterated submissions made in the petition and further submitted that as other proceedings are already pending at sujangarh/churu, which the respondent is required to attend, it would be appropriate that the present proceedings are transferred from bikaner to the family court, churu. .....
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